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All Journal Jurnal Ius Constituendum Jurnal Hukum Volkgeist Law Research Review Quarterly Journal of Constitutional Law Society (JCLS)
Akbar, Muhamad Aksan
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Arts Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Optimizing Intellectual Property as a Fiduciary Security Object After the Issuance of Governmental Regulation No. 24 of 2022 Jafar, Faisal Herisetiawan; Akbar, Muhamad Aksan; Sakti, La Ode Awal
Law Research Review Quarterly Vol 9 No 3 (2023): Contemporary Issues in Crime and Justice
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v9i4.71913

Abstract

The issuance of Governmental Regulation no. 24 of 2022 on the Executory Regulation of Law no. 24 of 2019 on Creative Economy has become a zephyr for creative economy actors with regard to intellectual property-collateralized financing schemes for their businesses. The regulation also further reinforces intellectual property ownership as a standalone fiduciary object that should no longer be viewed as supplementary collateral. This paper aims to study the optimization of governmental regulation on the creative economy with respect to intellectual property-collateralized financing. To this end, a normative legal method was applied by focusing on the secondary data. The research topic was scrutinized following the prevailing regulation and relevant literature. With the issuance of Governmental Regulation no. 24 of 2022 Creative Economy, it further strengthens the ownership status of intellectual property rights as objects of material guarantees. Every citizen, especially creative economy actors, can apply for business capital loans, which can be used as collateral objects and can be classified in the form of intellectual property which must be registered or registered with the Director General of Intellectual Property, Ministry of Law and Human Rights. This consequence has an impact on the establishment of an intellectual property appraisal institution that has the task of evaluating intellectual property that will be used as collateral.
The Resolution and Accountability of State Financial Loss In Administrative and Criminal Law Perspectives Akbar, Muhamad Aksan
Jurnal Hukum Volkgeist Vol. 8 No. 1 (2023): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v8i1.4318

Abstract

Government officials, in performing public legal actions, may abuse their authority, resulting in financial loss to the state, which can have implications for both administrative and criminal resolution and liability. Purposes of this research,  to determine and/or differentiate the resolution of financial loss to the state caused by the abuse of authority by government officials from administrative and criminal law perspectives, in order to avoid criminalizing government officials' actions and weakening the corruption eradication efforts. This research methods, this normative legal research applied a statute approach. The study findings indicate that the abuse of authority causing the state’s financial loss is primarily resolved under administrative law based on Law No. 30 of 2014 concerning Government Administration. This involves the return of the financial loss to the state or regional treasury and the imposition of severe administrative sanctions. However, the abuse of authority causing state financial loss can be treated as a criminal offense if the Internal Supervisory Apparatus (APIP) or law enforcement agencies find elements of a criminal offense as defined in Article 2 paragraph (1) or Article 3 of Law No. 31 of 1999.
Legal Protection of Health Workers in Emergency Medical Procedures: An Analysis of Legal Certainty in Indonesia and Thailand Rosnida Rosnida; Akbar, Muhamad Aksan; Muhammad As Ari. AM; Irabiah Irabiah; Yeni Haerani; Patma Sari
Jurnal Ius Constituendum Vol. 11 No. 1 (2026): FEBRUARY
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v11i1.12818

Abstract

This study examines the legal certainty afforded to healthcare workers in performing emergency medical procedures in Indonesia and compares it with the legal protection framework implemented in Thailand. The urgency of this research arises from the increasing criminalization and malpractice claims faced by healthcare workers acting in good faith under high-risk and time-sensitive emergency conditions. Using a normative juridical method that incorporates statutory, conceptual, case, and comparative approaches, this study analyzes Law Number 17 of 2023 on Health in conjunction with Thailand’s Emergency Medical Act and the application of the Good Samaritan principle. The findings reveal that although Indonesian law normatively recognizes legal protection for healthcare workers, its implementation remains weak due to the absence of technical guidelines, inconsistent law enforcement practices, and the limited role of professional medical institutions in the early stages of legal proceedings. In contrast, Thailand provides more effective legal certainty through explicit statutory immunity, integrated institutional support, and a restorative legal approach toward emergency medical practice. The novelty of this study lies in its comparative analysis, demonstrating that Thailand’s qualified immunity model may serve as a normative and institutional reference for strengthening legal protection for healthcare workers in Indonesia, particularly in emergency medical contexts. This study contributes to the development of health law by offering policy-oriented recommendations to enhance legal certainty, professional security, and patient safety.
LEGAL CERTAINTY AND ELECTORAL SEPARATION AFTER DECISION 135/PUU-XXII/2024: KEPASTIAN HUKUM DAN PEMISAHAN PEMILU SETELAH PUTUSAN 135/PUU-XXII/2024 Satmawati; Rijal, Syamsul; Akbar, Muhamad Aksan
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.141

Abstract

Constitutional Court Decision Number 135/PUU-XXII/2024 has significantly reshaped the discourse on Indonesia’s electoral system by mandating the separation of national and regional elections. While the ruling is presented as a constitutional effort to enhance electoral integrity and administrative effectiveness, it simultaneously raises fundamental concerns regarding legal certainty, particularly in relation to the tenure of members of the Regional People’s Representative Council (DPRD). This study examines the Court’s constitutional reasoning (ratio decidendi) underlying the separation of election schedules and critically assesses its implications for democratic legitimacy and the principle of electoral periodicity. Employing a normative juridical approach that integrates statutory, conceptual, and case-based analysis, this article demonstrates that although the decision may be justified as electoral reform, it risks producing constitutional distortion by blurring the boundary between judicial interpretation and norm creation. Without clear transitional safeguards, the ruling threatens to undermine popular sovereignty and legal certainty in Indonesia’s constitutional framework.
Co-Authors Faisal Herisetiawan Jafar Irabiah Irabiah Muhammad As Ari. AM Patma Sari Rosnida Rosnida Sakti, La Ode Awal Satmawati Syamsul Rijal Yeni Haerani